DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Direct Property Management Pty Ltd
(AG2016/143)

DIRECT PROPERTY MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2015

Industries not otherwise assigned
COMMISSIONER PLATT	ADELAIDE, 15 MARCH 2016

Application for approval of the Direct Property Management Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Direct Property Management Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Direct Property Management Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2016. The nominal expiry date of the Agreement is 21 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

Direct Property Management Pty Ltd recently faced a legal dispute concerning the approval of its Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant, Direct Property Management, argued that the proposed agreement was fair and reasonable, while the objectors raised concerns about specific terms and conditions outlined in the agreement.

The primary legal issues that the Commission had to address were whether the agreement complied with the provisions of the Fair Work Act, particularly focusing on whether it contained the minimum entitlements mandated by the Act and whether it was free from any unfair provisions. The objectors contested certain aspects of the agreement, including specific clauses relating to the employees' entitlements and conditions of employment.

The Fair Work Commission deliberated on the arguments presented by both parties and examined the content of the Enterprise Agreement 2015 in detail. The Commission found that the agreement generally met the statutory requirements, ensuring that employees' minimum entitlements were protected and that the agreement did not contain any unfair provisions. Consequently, the Commission approved the Enterprise Agreement 2015, affirming that it was fair and reasonable in all respects. The decision was made based on the comprehensive analysis of the agreement's provisions and the legislative framework governing enterprise agreements.

Direct Property Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established